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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Protection: Journal Of Land And Environmental Law
Kresnadjaja, Indrasari
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Environmental Science Law, Crime, Criminology & Criminal Justice

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Nominee Arrangement in the Practice of Land Sale and Purchase in Indonesia KRESNADJAJA, Indrasari; DHARSANA, I Made Pria
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1204

Abstract

The practice of nominee agreements has occurred in Indonesia repeatedly; the agreement uses the power of attorney where the agreement uses the name of an Indonesian citizen to transfer power of attorney to a foreign citizen. A Nominee Agreement made by two parties, namely between an Indonesian citizen and a foreign citizen as the attorney (Nominee), is made through an agreement package to provide all authority that may arise in the legal relationship between a person and his land to a foreign party as a person who is given the power to act as the actual owner. The agreement borrows the name of an Indonesian citizen as the Nominee, and this is a legal smuggling because its substance is contrary to Article 21 paragraph (1) and Article 26 paragraph (2) of Law Number 5 of 1960 concerning the UUPA. In addition, the existence of a loan agreement in the name must be based on the terms and principles of freedom of contract as stipulated in Article 1320 and Article 1338 Paragraph (1) of the Civil Code. For this reason, an objective and comprehensive attitude and understanding are needed from the NotaryNotary in assessing the contents of the land sale and purchase agreement, primarily related to the one-sided agreement. In reality, in the author's opinion, nominee agreements do not comply with the positive law in force in Indonesia because the purpose of this agreement contains elements of bad ethics.
The Role Of A Notary In Preventing Money Laundering Dharsana, I Made Pria; Kresnadjaja, Indrasari; Dhananjaya, I Putu Lingga; Rini, Rizky Mustika
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3089

Abstract

The Notary's participation in preventing money laundering is to report to PPATK when they know of suspicious financial transactions related to the deed they made. The Notary's position as a whistleblower in the event of suspected suspicious financial transactions as an effort to prevent money laundering has not violated the principle of confidentiality of position. Instead, the Notary must apply the precautionary principle. Notary as the reporting party is an implementation of its obligations stipulated in Article 16 paragraph (1) point an of UUJN, namely acting trustfully and honestly. The State appoints notaries to serve the public in civil Law. Therefore Notaries must also take care not to let the State be harmed by attempts to disguise money from criminal acts. Notaries with this submit to higher interests. This is so that Notaries do not get involved in money laundering cases because they are considered to help carry out a criminal act
Implementation of the Principle of Business Judgement Rule Doctrine to State-Owned Companies as an Effort to Protect Directors in Good Faith Dharsana, I Made Pria; Kresnadjaja, Indrasari; Dhananjaya, I Putu Lingga
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3090

Abstract

The Business Judgement Rule is a doctrine that protects Directors in good faith for the Company's losses. The point is that as long as the Board of Directors acts in good faith and solely for the Company's benefit. However, it turns out that the Company still suffers losses. It does not necessarily become the burden of the Board of Directors personal responsibility. Therefore, the Board of Directors cannot be held responsible for the Company's losses if the Board of Directors, in carrying out actions, has fulfilled all its obligations with the principles of good corporate Governance (GCG). If all GCG obligations and principles have been fulfilled, the Board of Directors is categorized as having good faith and cannot be declared wrong. The results of the author's study, in the context of the Business Judgment Rule Doctrine, the losses incurred are normal or reasonable business losses, and therefore the Company is responsible. And no one can be punished if there is no mistake. With the background of the Constitutional Court Decision Number 01/PHPUPres/XVII/2019 (Constitutional Court Decision 01) and two Supreme Court Decisions, the author tries to examine in more detail related to Decision No. 3849/K/Pid.Sus/2019 dated December 2, 2019, on behalf of Defendant Frederick ST Siahaan (former Finance Director of Pertamina) / (Supreme Court Decision 3849) and Decision No. 121K/Pid.Sus/2020 dated March 9, 2020, on behalf of Defendant Karen Agustiawan (former President Director of Pertamina).
Settlement of land disputes over ownership in Indonesia land Registration System Dharsana, I Made Pria; Asriwijaya, Desak Rai Kutha; Kresnadjaja, Indrasari
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4134

Abstract

The Basic Agrarian Law (UUPA) is Law Number 5 of 1960 concerning Basic Agrarian Regulations aimed at resolving the dualism conflict of agrarian law in Indonesia at that time, where previously most of the Indonesian people still applied agrarian law based on Western law colonial and a small part based on customary law. The purpose of writing this journal is to analyze and understand the occurrence of legal disputes against dual certificate holders and to analyze and understand the obstacles and solutions to the resolution of dual certificate legal disputes. The research method used in this paper is a qualitative research method with a normative juridical approach. Based on the results of the study, show that the occurrence of multiple certificates is caused by several factors, namely the existence of bad faith from the certificate applicant, an error on the part of the Land Office, namely in terms of collecting and processing physical data and land juridical data, the unavailability of a comprehensive land registration map, and because the domicile of the interested party is outside the city. Settlement of land disputes can be resolved by way of deliberation by the parties and through the judiciary. On the other hand, there is a need for special procedural law provisions either through deliberation or mediation at the BPN and the courts in the event of a dispute resolution through litigation
Co-Authors Asriwijaya, Desak Rai Kutha Dhananjaya, I Putu Lingga I Made Pria Dharsana, I Made Pria Rini, Rizky Mustika